(PC) Reynolds v. Crlollos et al

Filing 3

ORDER TRANSFERRING Case to the Southern District of California, signed by Magistrate Judge Sheila K. Oberto on 11/21/2022. (Marrujo, C) [Transferred from California Eastern on 11/21/2022.]

Case 3:22-cv-01830-JAH-BGS Document 3 Filed 11/21/22 PageID.23 Page 1 of 2

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,

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1:22-cv-01486-SKO (PC)

TYRONE REYNOLDS,

ORDER TRANSFERRING CASE TO THE
SOUTHERN DISTRICT OF CALIFORNIA

v.
R. CRLOLLOS, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42

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U.S.C. § 1983.
The federal venue statute requires that a civil action, other than one based on diversity

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jurisdiction, be brought only in “(1) a judicial district where any defendant resides, if all

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defendants are residents of the State in which the district is located, (2) a judicial district in which

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a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part

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of the property that is the subject of the action is situated, or (3) if there is no district in which an

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action may otherwise be brought as provided in this section, any judicial district in which any

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defendant is subject to the court’s personal jurisdiction with respect to such action.” 28 U.S.C. §

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1391(b).

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//

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//

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Case 3:22-cv-01830-JAH-BGS Document 3 Filed 11/21/22 PageID.24 Page 2 of 2

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In this case, none of the defendants reside in this district. The claim arose in San Diego

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County, which is in the Southern District of California. Therefore, Plaintiff’s claim should have

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been filed in the United States District Court for the Southern District of California. In the

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interest of justice, a federal court may transfer a complaint filed in the wrong district to the

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correct district. See 28 U.S.C. § 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir.

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1974).
Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United

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States District Court for the Southern District of California.

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IT IS SO ORDERED.
Dated:

/s/ Sheila K. Oberto

November 21, 2022

UNITED STATES MAGISTRATE JUDGE

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